In the Matter of Certain Safety Eyewear and Components Thereof; Notice of Investigation

摘要

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 31, 2000, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Bacou USA Safety, Inc. and Uvex Safety Manufacturing, Inc., both of Smithfield, Rhode Island. Supplements to the complaint were filed on April 18 and 19, 2000. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain safety eyewear and components thereof by reason of (a) infringement of claims 1-5, 8-14, and 16-18 of U.S. Letters Patent 5,457,505, (b) infringement of the claim of U.S. Letters Patent Des. 322,616 and (c) misappropriation of trade dress, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complaint also alleges that there exists an industry in the United States with respect to the asserted intellectual property. The complainants request that the Commission institute an investigation and, after a hearing, issue a permanent exclusion order and a permanent cease and desist order